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03-070 RESRESOLUTION NO. 03 - 7 0 CITY OF ELK RIVER A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR: Hillside Estates 10m Addition Case No. P 03-13 WHEREAS, application has been made for final plat approval, pursuant to Section 1008.08 (1)(c) of the Elk River City Code of Ordinances, of the property legally described on attached Exhibit A and hereinafter referred to as "the Property"; and WHEREAS, the application for preliminary plat approval has been referred to the Planning Commission which has given its advice and recommendation to the City Council; and WHEREAS, a preliminary plat of the Property was approved by the City Council on March 12, 2001; and WHEREAS, the proposed final plat is consistent with the preliminary plat as approved by the City Council; and WHEREAS, the proposed final plat complies with each of the conditions set forth by the City Council in its approval of the preliminary plat of the Property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELK RIVER, as follows: It is hereby determined by the City Council for the City of Elk River as follows: A. The proposed subdivision is consistent with the Zoning Ordinance and conforms with all of its requirements. B. The proposed subdivision is consistent with all applicable general and specialized city, county, and regional plans including, but not limited to, the City's Comprehensive Development Plan. C. The physical characteristics of the site, including, but not limited to, topography, soils, vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and drainage are suitable for the type and density of development and uses contemplated. o D. The proposed subdivision makes adequate provision for water storm drainage, sewage transportation, erosion control and all other facilities and improvements otherwise required herein. supply, services, The proposed subdivision will not cause substantial environmental damage. F. The proposed subdivision will not conflict with easements of record or with easements established by judgment of a court. G. The proposed subdivision will not have an undue or adverse impact on the reasonable development of neighboring land. Final plat approval is hereby granted for the Property, subject to the conditions set forth in attached Exhibit B. The officers of the City are hereby authorized, once the conditions set forth in Exhibit B are met and complied with, to sign the final plat for the Property and to issue a certified copy of this Resolution giving final approval of the plat. The owner of the Property is authorized to record the final plat as required by law and shall file proof of said recording with the City. No building permits will be issued for the Property until the final plat is recorded. This final plat approval shall expire one year from the date of this resolution if the final plat is not recorded within that time. The foregoing resolution was introduced by Council Member Dietz and duly seconded by Council Member Tveite The following voted in favor of the Resolution. Councilmembers Dietz, Tveite, Kuester, and Motin The following voted against the Resolution: Mayor Klinzing The following were absent: None WHEREUPON the resolution is adopted. Passed and adopted this 20a' day of October, 2003. S:\PLANNING\Case Files~2003\P 03-13 Hillside Estates 10th\RESOLUTION NO.doc Page 2 CERTIFICATE STATE OF MINNESOTA COUNTY OF SHERBURNE CITY OF ELK RIVER I, the undersigned, being the duly qualified Clerk of the City of Elk River, Minnesota, hereby certify that the above resolution is a true and correct copy of the resolution as adopted by the City Council of the City of Elk River on Oc-~©~ex' ~) ,2003. WITNESS my hand officially as such Clerk and the corporate seal of the City this __ day of (")¢~obe. r" ,2003. J oa chmiat, City Clerk STATE OF MINNESOTA SS. COUNTY OF SHERBURNE , The foregoing instrument was acknowledged before me this ~ day ~) _~3~_~_t~0~____, __2777~_~_~ ?~e;p~_hanie~I¥3inzing, Mayor, City o~,~ ~ver, M~nesota. STATE OF MINNESOTA SS. COUN~ OF SHERBU~E of , The foregoing instrument was acknowledged be,fOre me this ~C) day C) c_.~o" _~g~- 2003, , by Joan Schmidt, City Clerk, City ~/~2Elk River, ' es Notary Public ~~ ~y Oomm~ion Expir~, of S:\PLANNING\Case Files~2003\P 03-13 Hillside Estates 10th\RESOLUTION NO.doc Page 3 EXHIBIT A Legal Descripdon: That part of the Northeast Quarter of Section 27, Township 33, Range 26, Sherburne County, Minnesota lying Easterly of the Easterly right-of-way line U.S. Highway 169. Except all or part of the following described plats which lie within said Northeast Quarter of Section 27: Hillside Estates 1s Addition, Hillside Estates Second Addition, Hillside Estates Third Addition, Hillside Estates Fourth Addition, Hillside Estates Seventh Addition, Hillside Estates Eighth Addition, Hillside Estates Ninth Addition, Hillside Crossing, Hillside Crossing Second Addition, The Woods at Hillside and The Woods at Hillside Second Addition, accordin to the said plats on file and of record in the Office of the County Recorder, in said Sherbume County. S:\PLANNING\Case Files~2003\P 03-13 Hillside Estates 10th\RESOLUTION NO.doc Page 4 EXHIBIT B Conditions: THAT A DEVELOPERS AGREEMENT BE PREPARED AND EXECUTED OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS TO BE RECORDED WITH THE FINAL PLAT. 2. THAT ALL COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 3. THAT STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES. 4. THAT ALL THE MAIL BOXES IN THE CUL-DE-SACS BE CLUSTERED. 5. A LETTER OF CREDIT SHALL BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF THE PUBLIC IMPROVEMENTS. THAT UPON COMPLETING ALL OF THE IMPROVEMENTS AND HAVING THEM ACCEPTED BY THE CITY, A WARRANTY BOND IN THE AMOUNT OF 25 % OF THE IMPROVEMENT COSTS SHALL BE SUBMITTED TO THE CITY FOR A ONE-YEAR PERIOD. THAT A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY AT THE TIME OF FINAL PLAT BE PAID PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY. THAT A SEALCOAT FEE BE PAID TO THE CITY PRIOR TO RELEASING THE PLAT FOR RECORDING WITH SHERBURNE COUNTY AS REQUIRED BY THE CITY ENGINEER. THAT PRIOR TO CLEARING TREES OR GRADING, THE DRIP LINE OF PROTECTED TREES AND THE LIMIT OF GRADING SHALL BE FENCED WITH A SNOW FENCE TO PREVENT UNNECESSARY GRADING, COMPACTION, OR STORAGE OF DEBRIS OR EQUIPMENT WITHIN THE DRIPLINE. 10. REVISED LANDSCAPE PLAN BE SUBMITTED WHICH PROVIDES A MINIMUM OF 3 TREES PER LOT OR GROUPED PER STAFF APPROVAL. 11. THAT THE APPLICANT COMPLIES WITH THE WETLAND CONSERVATION ACT AND THAT: · A TECHNICAL PANEL REVIEW OF ANY FILLING OR MITIGATION OF WETLANDS. · THE DEVELOPER S AGREEMENT FOR THE PROJECT INCLUDE LANGUAGE THAT PLACES THE RESPONSIBILITY OF THE SUCCESS OF THE WETLAND MITIGATION ON THE DEVELOPER. · THE DEVELOPER OBTAINS ALL THE APPLICABLE PERMITS PRIOR TO FILLING ANY WETLANDS. S:~ADMIN\Resolutions~003 Resolutions~Approved\03-70 RES.doc Page 5 12. 3. · A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED ON THE WETLAND MITIGATION AREAS WITH THE RECORDING OF THE FINAL PLAT.. · THAT A LETTER OF CREDIT BE PROVIDED TO THE CITY IN THE AMOUNT OF 100% OF THE COSTS OF PUBLIC IMPROVEMENTS INCLUDING THE COST OF THE MITIGATION WORK. THAT THE DEVELOPER SUBMIT A WRITTEN MONITORING REPORT ON THE REPLACEMENT WETLANDS ONE YEAR AFTER THIS MITIGATION WORK IS COMPLETED AND THAT THIS REPORT BE APPROVED BY CITY STAFF PRIOR TO RELEASING THE LETTER OF CREDIT. THAT A RESTRICTIVE COVENANT AND DRAINAGE AND UTILITY EASEMENT BE RECORDED OVER THE 50 FOOT BUFFER AREA ADJACENT THE COMMERCIAL ZONING WITH THE RECORDING OF THE FINAL PLAT. THE FOLLOWING CONDITION OF THE PARK AND RECREATION COMMISSION BE INCLUDED AS CONDITIONS OF PLAT APPROVAL: 1. THAT SIDEWALKS BE INCORPORATED INTO THE PLAT TO CONNECT THE PARK AND TRAILS TO THE COMMERCIAL DISTRICT TO THE WEST. 14. LOT 7 AND LOT 8 IN BLOCK 3 MUST BE COMBINED INTO ONE LOT. S:~ADMIN\Resolutions\2003 Resolutions~,pproved\03-70 RES.doc Page 6